Ex Parte ROMESBURG - Page 13




          Appeal No. 2002-1197                                                        
          Application 09/131,167                                                      

          a lower full-scale value of the ADC, as recited in claims 5                 
          and 29 (Br13).  It is argued that column 4 of Koski does not                
          disclose or suggest threshold values, much less that the                    
          threshold values are based in part on distortion through the ADC            
          or on an upper and lower full-scale value of an ADC (Br13-14).              
               The examiner states that Koski states (col. 1, lines 50-55)            
          that the reason for setting the threshold is to stop distortion             
          and therefore Koski is setting two thresholds to stop distortion            
          in the device (EA10).                                                       
               We will not sustain the rejection.  The thresholds in Koski,           
          columns 5 and 6, are for determining whether there is double talk           
          based on whether the power ratio (PR) of the far-end signal to              
          the near-end signal in the sub-channels are above or below the              
          threshold, taken in conjunction with the voice activity detector            
          (VAD) signal.  Koski does not determine whether the output signal           
          is above or below a threshold, much less that the threshold                 
          values relate to full-scale values of the ADC, as recited in                
          claims 5 and 29, or that at least one of the predetermined                  
          threshold values is adjusted to account for ringing of the ADC              
          converter, as recited in claims 7 and 31.  The fact that Koski              
          seeks to prevent distortion does not mean that it prevents                  
          distortion in the way that is claimed.  The rejection of                    
          claims 5, 7, 29, and 31 is reversed.                                        



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